New Delhi, Oct 17: The Supreme Court on Friday acquitted four persons, who were earlier convicted in a 35-year-old murder case over alleged political rivalry, saying the testimony of two “so-called eyewitnesses” was full of contradictions and inherent improbabilities.
A bench of justices Sanjay Karol and Sandeep Mehta exercised its plenary power under Article 142 of the Constitution to acquit three accused who had not challenged their conviction before the apex court.
The top court delivered its verdict on an appeal filed by one of the accused challenging a April 2009 order of the Madhya Pradesh High Court which upheld the conviction and life sentence awarded to the four.
“In the present case, the prosecution has failed to establish the genesis of the occurrence and the place of incident with any degree of certainty,” the bench said.
It said the FIR speaks of demolition of a hut by the accused persons near the residence of one of the prosecution witnesses.
The bench said another prosecution witness shifted the crime scene to nearby his own house and denied any demolition.
It noted that one of the other prosecution witnesses claimed that the assault occurred in a field.
“They (two prosecution witnesses) do not acknowledge each other’s presence at the crime scene. Such conflicting versions cannot co-exist within a credible narrative,” the bench said.
It said the suppression of the genesis of occurrence and the shifting of the place of incident demolish the very substratum of the prosecution case.
“In this background, we are of the firm opinion that it would not be safe to uphold the conviction of the accused-appellant (Kannaiya) and the three co-accused namely Govardhan, Raja Ram and Bhima, as the testimony of the so-called eyewitnesses… is full of contradictions and inherent improbabilities,” the top court said.
It said since the entire case of the prosecution has fallen, all the four convicts were entitled to be extended the benefit of doubt.
“Hence, we are inclined to extend the benefit of this judgment, in exercise of our powers under Article 142 of the Constitution of India, 1950, to the three co-accused namely, Govardhan, Raja Ram, and Bhima, who have not challenged their conviction before this court,” the bench said.
It set aside the judgements of the high court as well as the trial court which convicted the four.
The bench said the four accused be released from custody forthwith, if not wanted in any other case.
A trial court in Indore had in October 1999 convicted them while acquitting six other accused in the case.
The bench noted that an FIR was registered in September 1990 alleging that 10 persons were damaging a temporary hutment and when the son of the informant tried to pacify them, he was assaulted.
It was said that the victim died while undergoing treatment at a hospital in Indore.
It was alleged that the assailants were having a political rivalry with the complainant party and that was the cause of the assault.
During the trial, the accused persons had denied the allegations and claimed innocence. (PTI)
